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Bill C-387

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1st Session, 37th Parliament,
49-50 Elizabeth II, 2001

House of Commons of Canada

BILL C-387

An Act to amend the Criminal Code (bail for those charged with violent offences)

R.S., c. C-46

      Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

1. The portion of subsection 145(3) of the Criminal Code before paragraph (a) is replaced by the following:

Failure to comply with condition of undertaking or recognizance

(3) Every person who is at large on an undertaking or recognizance given to or entered into before a justice or judge and is bound to comply with a condition of that undertaking or recognizance directed by a justice or judge, and every person who is bound to comply with a direction ordered under subsection 515(12), and who fails, without lawful excuse, the proof of which lies on that person, to comply with that condition or direction, is guilty of

2. The portion of subsection 499(1) of the Act before paragraph (a) is replaced by the following:

Release from custody by officer

499. (1) Where a person who has been arrested with a warrant by a peace officer is taken into custody for an offence other than one listed in section 469 , the officer in charge may, if the warrant has been endorsed by a justice under subsection 507(6),

3. Subsection 503(2) of the Act is replaced by the following:

Conditional release

(2) If a peace officer or an officer in charge is satisfied that a person described in subsection (1) should be released from custody conditionally, the officer may, unless the person is detained in custody for an offence listed in section 469 , release that person on the person's giving a promise to appear or entering into a recognizance in accordance with paragraphs 498(1)(b) to (d) and subsection (2.1).

4. Subsection 507(6) of the Act is replaced by the following:

Endorsement of warrant by justice

(6) A justice who issues a warrant under this section or section 508 or 512 may, unless the offence is one listed in section 469 , authorize the release of the accused pursuant to section 499 by making an endorsement on the warrant in Form 29.

5. Subsection 515(1) of the Act is replaced by the following:

Order of release

515. (1) Subject to this section, where an accused who is charged with an offence other than

    (a) an offence listed in section 469, or

    (b) an offence under section 264, 272 or 273 in a case where the court is satisfied that a person who was the victim of or a witness to the alleged offence has made a statement under oath or by solemn affirmation identifying the accused as the person who committed the offence and the justice, after inquiry made or evidence presented pursuant to subsection 518(1) is satisfied that the statement is credible or trustworthy in the circumstances

is taken before a justice, the justice shall, unless a plea of guilty by the accused is accepted, order, in respect of that offence, that the accused be released on his giving an undertaking without conditions, unless the prosecutor, having been given a reasonable opportunity to do so, shows cause, in respect of that offence, why the detention of the accused in custody is justified or why an order under any other provision of this section should be made and where the justice makes an order under any other provision of this section, the order shall refer only to the particular offence for which the accused was taken before the justice.

Cases where no interim release

(1.1) Where an accused is charged with an offence listed in paragraph (1)(a) or an offence listed in paragraph (b) where the circumstances mentioned in that paragraph applies, no court, judge or justice may release the accused before or after the accused has been ordered to stand trial.

6. Section 522 of the Act is repealed.

7. Subsection 523(1) of the Act is replaced by the following:

Period for which appearance notice, etc. continues in force

523. (1) Where an accused, in respect of an offence with which he is charged, has not been taken into custody or has been released from custody under or by virtue of any provision of this Part, the appearance notice, promise to appear, summons, undertaking or recognizance issued to, given or entered into by the accused continues in force, subject to its terms, and applies in respect of any new information charging the same offence or an included offence that was received after the appearance notice, promise to appear, summons, undertaking or recognizance was issued, given or entered into, until his trial is completed, and where the accused is, at his trial, determined to be guilty of the offence, until a sentence within the meaning of section 673 is imposed on the accused unless, at the time the accused is determined to be guilty, the court, judge or justice orders that the accused be taken into custody pending such sentence.

8. (1) Subsection 524(3) of the Act is replaced by the following:

Hearing

(3) Where an accused who has been arrested with a warrant issued under subsection (1), or who has been arrested under subsection (2), is taken before a justice, the justice shall hear the prosecutor and his witnesses, if any, and the accused and his witnesses, if any.

(2) Subsection 524(4) of the Act is repealed.

(3) Subsection 524(7) of the Act is repealed.

(4) The portion of subsection 524(8) of the Act before paragraph (a) is replaced by the following:

Powers of justice after hearing

(8) Where an accused described in subsection (3) is taken before the justice and the justice finds

(5) Subsection 524(12) of the Act is replaced by the following:

Provisions applicable to proceedings under this section

(12) The provisions of sections 517, 518 and 519 apply with such modifications as the circumstances require in respect of any proceedings under this section.

9. Subsection 672.16(3) of the Act is replaced by the following:

Presumption of custody in certain circumstances

(3) An accused who is charged with an offence described in any of paragraphs 515(6)(a) to (d) in the circumstances described in that paragraph shall be detained in custody pursuant to an assessment order, unless the accused shows that custody is not justified under the terms of that paragraph.

10. Subsection 679(7.1) of the Act is replaced by the following:

Release or detention pending new trial or new hearing

(7.1) Where, with respect to any person, the court of appeal or the Supreme Court of Canada orders a new trial, section 515 applies to the release or detention of that person pending the new trial or new hearing as though that person were charged with the offence for the first time, except that the powers of a justice under section 515 are exercised by a judge of the court of appeal.

11. The portion of subsection 680(1) of the Act before paragraph (a) is replaced by the following:

Review by court of appeal

680. (1) A decision made by a judge under subsection 524(4) or (5) or a decision made by a judge of the court of appeal under section 261 or 679 may, on the direction of the chief justice or acting chief justice of the court of appeal, be reviewed by that court and that court may, if it does not confirm the decision,

12. The portion of subsection 145(3) of the Criminal Code before paragraph (a) cited in Form 12 of the Act is replaced by the following:

(3) Every person who is at large on an undertaking or recognizance given to or entered into before a justice or judge and is bound to comply with a condition of that undertaking or recognizance directed by a justice or judge, and every person who is bound to comply with a direction ordered under subsection 515(12), and who fails, without lawful excuse, the proof of which lies on that person, to comply with that condition or direction, is guilty of

13. The paragraph of Form 29 of the Act is replaced by the following:

Whereas this warrant is issued under section 507, 508 or 512 of the Criminal Code in respect of an offence other than an offence listed in section 469 of the Criminal Code, I hereby authorize the release of the accused pursuant to section 499 of that Act.